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(영문) 부산고등법원 2016.12.15 2016나219

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the Defendants in excess of the amount ordered under the following sub-paragraph 2 shall be revoked.

Reasons

(3) The aggregate amount of net construction cost of 163,93,93, 20, 20, 250, 29, 29,000, 29, 29,000, 30,000, 167, 30,000, 163,97, 20,000,000, 163,93,93,380,000,000, 163,93,000,00,000, 26,90,03,03,00,00,000, 25,00,000,00,000, 25,06,00,000,000 (1 x 1.5%) x 2,45,01,000,000,0000,000

The method of calculating the construction amount shall be as follows.

* The actual amount of construction work (the result of appraisal): The trees confirmed to have been dead at the time of the expiration of the warranty period for landscaping work are not only 13 glus, and thus, the trees confirmed to have been dead as a result of the appraisal by the appraiser F of the first instance trial are considered to have been dead after the warranty period.

With respect to trees with death after the warranty period, the defect repair or damages in lieu thereof shall not be claimed for the excessive exclusion period.

Therefore, the trees confirmed to have been dead at the time of the above appraisal are planted by the defendant company while conducting the primary repair work, so they are included in the construction cost first, but at the time of the expiration of the defect security period.